reinstate the ban on transactions of land in the Mau Forest Complex
and to follow up on implementation in accordance with Rule 51 (5).
11 .
The request is brought in terms of Article 27(2) of the Protocol
and Rule 51 of the Rules of Court. Article 27(2) provides that " In
cases of extreme gravity and urgency, and when necessary to avoid
irreparable harm to persons, the Court shall adopt such provisional
measures as it deems necessary";
12.
The Registry served the request on the Respondent by its letter
dated 7 January 2013 , inviting the Respondent to submit any
comments it had regarding the Applicant's request within thirty (30 )
days of the receipt of the letter. The Respondent received this letter
on 17 January 2013.
13.
The said time limit expired on 16 February 2013, and
Respondent has, to date, not responded to the request for provisional
measures.
14.
By letter dated 21 February 2013, the Registry informed the
Respondent that the Court will , at the 28 1h Ordinary Session , consider
the Applicant's request for provisional measures. Again, the
Respondent has not, to date, responded .
In dealing with any application, the Court has to ascertain that it
15.
has jurisdiction under Articles 3 and 5 of the Protocol ;
16.
However, before ordering provisional measures, the Court need
not satisfy itself that it has jurisdiction on the merits of the case, but
simply needs to satisfy itself, prima facie , that it has jurisdiction;
17.
The Court notes that Article 3(1) of the Protocol provides that
lithe jurisdiction of the Court shall extend to all cases and disputes
submitted to it concerning the interpretation of the Charter, this
Protocol and any other relevant human rights instrument ratified by
the States concerned";
18.
The Court further notes that the Respondent ratified the
Charter, which came into force on the 21 st of October 1986, on the
23rd of January 1992 and deposited its instruments of ratification on
5
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